Research and interpretation of statutory inheritance and testamentary succession of the Civil Code

Abstract

The Inheritance Law of the People's Republic of China (hereinafter referred to as the Inheritance Law) promulgated in 1985 plays an important role in coordinating the civil legal acts existing in the family. However, with the development and progress of the times, some laws and regulations can no longer serve the current era and show a lag. In order to make up for this shortcoming, China officially implemented the Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") on January 1, 2021, which incorporated this part of the inheritance into the Civil Code, and the "Civil Code Inheritance" (hereinafter referred to as the "Inheritance Edition"), retaining the essence of the "Inheritance Law", respectively from the general provisions, statutory inheritance, testamentary inheritance and bequest,The four parts of inheritance treatment have been revised, which is in line with the spirit of today's legislation, conforms to the trend of the times, makes China's inheritance legislation more perfect, protects citizens' private property, stabilizes the relationship between family members, promotes national development, and stabilizes social order. In order to make better use of laws and regulations in judicial practice and to make inheritance cases more fairly and legally resolved, legal inheritance and testamentary succession are studied.